The Orange County Bar Association- The Briefs - January 2023

A Publication of the Orange County Bar Association

Inside this Issue: President’s Message Interview with OCBA’s New Executive Director Karen L. Persis, Esq. Professionalism Committee The Case for Civility Among Attorneys Anna Sanders

Chief’s Column 2023 Administrative Judges The Honorable Lisa T. Munyon Legal Aid Society Legal Aid Society of the Orange County Bar Association 2023 President’s Message Jay Small, Esq.

the Briefs

President’s Message

Interview with OCBA’s New Executive Director Karen L. Persis, Esq.

Clerk’s Corner Another Year of Helping and Serving Our Community The Honorable Tiffany Moore Russell

Legal Aid Society Legal Aid Society of the Orange County Bar Association 2023 President’s Message Jay Small, Esq.

Legal Aid Society What We Do... In the New Year, LAS Resolves to be More Like Itself in 2023 Bethanie Barber, Esq.

DEADLINE INFORMATION

Magazine Advertising – 10th of the month prior

LS on the Move Vaughn Glinton, Esq.

ideBar Alena V. Baker, Esq.

Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Adobe Stock

Editor John M. Hunt

Associate Editors

Karen L. Middlekauff & Lauren Brusca

Hearsay Columnist Michael V. Andriano YLS on the Move

Vaughn Glinton SideBar Alena V. Baker

OFFICERS

Karen L. Persis, President

Amber N. Davis, President-Elect

Arti Ajit Hirani, Treasurer Keshara Cowans, Secretary

EXECUTIVE COUNCIL

Michael Barber

Chris Carmody

Euribiades Cerrud, II Lisa Gong Guerrero

Kate T. Hollis

Kristopher J. Kest Bruce Mount

Alisia Adamson Profit Rafael O. Rodriguez

C. Andrew Roy Jessica A. Travis Brandon M. Sapp Eric C. Reed, Ex-Officio Stephanie Alcalde, YLS President

EXECUTIVE DIRECTOR

Rob Garay

Advertising & Sponsorship Manager

Ursla Gallagher

Marketing & Communications Coordinator

Kirstyn Scerri

www.orangecountybar.org

880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (321) 430-1558 www.orangecountybar.org

Legal Aid Society 407-841-8310

Citizen Dispute 407-423-5732

Family Law Mediation 407-423-5732

Lawyer Referral Service 407-422-4537

Orange County

Foreclosure Mediation 407-515-4330

Young Lawyers Section 407-422-4551

President’sMessage

January 2023

Interview with OCBA’s New Executive Director

hen I began my term as OCBA President, I would often hear past presidents ponder what the “thing” would be that would happen during it. They all seem to have a story of an unexpected event that threw them a curveball. And most certainly, when the OCBA’s executive director, Jenny Brown, tendered her resignation, a curveball was thrown. After an in-depth application and interview process spanning several weeks, we were fortunate to find an exceptional fit for our next executive director in Rob Garay. Rob is a family man with a collaborative approach. He has a background in marketing and membership, and a history of association work, which I believe will benefit both our membership and our staff. I am so excited to see where he will help take our Bar. As we begin our new year with Rob at the helm, I asked him 10 questions (with a couple of subparts, because lawyers), so that you may get better acquainted with him. When you see Rob at the next luncheon or event you attend, please introduce yourself! He is excited to get to know our members.

Q. Where did you grow up?

A. I’m a true Floridian. I was born and raised in Fort Lauderdale just a few miles from the beach.

Q. What’s your sign?

A. Sagittarius.

Q. Tell us about your baseball life.

A. I played baseball most of my childhood and into the early years of college in a DII program. I played multiple positions but primarily pitcher.

Q. How did you end up in Orlando/Central Florida?

A. After 2 years at a small DII school playing baseball, I transferred to UCF to finish my degree and have been here ever since.

WQ. Tell us about your family!

A. My wife and I met at SeaWorld where we both worked in Marketing at the time. We have a daughter (Emma) who turns 4 in January.

Q. Tell us about your professional history.

A. I was most recently the Vice President, Global Marketing at The Institute of Internal Auditors (IIA), an international association for the internal audit profession with almost 220,000 members globally. Prior to the IIA I held leadership marketing roles with Avid Technology, Hilton Worldwide, and SeaWorld Parks & Entertainment.

Q. Why do you like association work?

A. I enjoy working for organizations that are mission-driven and community-focused.

Q. What are your favorite hobbies/pastimes?

A. I enjoy a lot of things, some of my favorites are drawing and photography.

Q. What is your vision for our Bar?

A. I look forward to continuing to provide value for our members and advocating for the profession.

A Few of Rob’s Favorite Things ….

• Favorite color – Navy Blue

• Favorite team – Miami Dolphins

• Favorite movie – Accepted

• Favorite food/meal – Pizza

• Favorite restaurant – Too many to choose from

• Favorite theme park ride – Manta

• Favorite vacation spot – Hawaii

• Favorite book – Rich Dad, Poor Dad

• Favorite TV Show – The Office

• Favorite singer/band – Red Hot Chili Peppers

• Favorite life moment – My daughter being born

• Favorite quote – “Complexity is the enemy of execution.”

• Favorite holiday – New Year’s Eve

Karen L. Persis, Esq., owner of Karen Persis, P.A., practices surrogacy law, gamete donation, and adoption. She has been a member of the OCBA since 2005.

Karen L. Persis, Esq.

Rob Garay

Another Year of Helping and Serving Our Community

As we kick off 2023, I want to take a moment to reflect on the past year to thank all our legal partners who have helped my office serve the community and provide better access to justice.

As an attorney, it is a privilege to work closely with the Orange County Bar Association (OCBA), which has a long history of partnering with the Clerk’s Office. The partnership is more important than ever as we continue to provide self-help options, enhance technology, and work to make doing business with the Clerk’s Office easier.

This past year we continued to serve the community by hosting free legal forums and workshops on the foreclosure process, Self Help Center, and mental health. At the Self Help Center, our partnership with the OCBA allows us to offer low-cost virtual attorney consultations in Family Law, Small Claims and Residential Evictions. We can always use a few good attorneys to assist at the Self Help Center and present during our legal forums as a service to the

community. Please keep me and my team in mind when you’re considering where you want to do your pro bono work this year.

Over the summer, my amazing staff collected more than 700 nonperishable food and cleaning items for our 2022 Clerks Care Service project. We hand delivered all these items to The Russell Home for Atypical Children to assist all the children and adults with special needs who live there. It touched my heart to visit The Russell Home and see the great work they do to care for their residents.

In our annual United Way campaign, I’m very proud to say my office raised more than $22,000 this year for the Heart of Florida United Way. While there are dozens of organizations that receive support from United Way, my office’s outreach priorities continue to be mental health, domestic violence, and access to justice which directly relate to the work we do.

We could never make an impact like this without the hard work and dedication of our employees who either give their time, pledges, or help with events to raise donations. I am proud of everything our employees, their families, and volunteers work to accomplish to make a difference and serve our community.

The Clerk’s Office has participated in many community outreach initiatives, and I am excited to see what we will continue to accomplish together this year for the community.

The Honorable Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.

THE ART OF LAW

Julie Miller Torres, Esq. Julie Miller Torres is a fine artist working primarily in the printmaking medium. She is best known for her woven screenprint pieces. Torres received her Bachelor of Arts and Juris Doctor from the University of Florida, her Master of Law from the University of Miami, and most recently, her Bachelor of Fine Arts in Printmaking from the Savannah College of Art and Design (“SCAD”).

Julie Miller Torres developed her style of artwork by combining her artistic vision with her legal training. A lawyer-turned-artist, Torres credits her education and work in the legal field with much of her current success as an artist. In sharing stories of her professional journey as well as some of her artwork, Torres will show the power of “connecting the dots” in our lives and speak to the unique position of lawyers to effect positive change in our communities.

At its heart, Torres’ artwork explores and celebrates the ideals of freedom, equality and empowerment. Her work is in the permanent collection of The Metropolitan Museum of Art as well as Delta Airlines, SCAD, the Ritz Carlton, JW Marriott, Norwegian Cruise Lines, and the Jordan Schnitzer Family Foundation.

She is represented by Maune Contemporary (Atlanta, GA; Santa Barbara, CA) and Contessa Gallery (Cleveland, OH; Palm Beach, FL). Torres grew up in Tallahassee, Florida, and today lives with her family in Atlanta, Georgia.

OCBA January Luncheon

Thursday, January 26, 2023

11:30 a.m. – 1:00 p.m. 191 East Pine Street, Orlando, Florida 32801

Please RSVP by Monday, January 23, 2023 at: www.orangecountybar.org/store

Cancellations must be received no later than January 23, 2023

To register or cancel, contact Stephanie Sadi at stephanies@ocbanet.org

ProfessionalismCommittee The Case For Civility Among Attorneys

Florida attorneys Michael Ehrenstein and Christopher David were far from friends when they found themselves locked in bitter litigation once again.

“We had butted heads and battered and bruised each other in court for years. And this case was as acrimonious as a case could be between our clients,” Ehrenstein told Law360 Pulse. “While we were always professional, we weren’t friendly.”

But a twist of fate and a four-day road trip during this case would change all that.

In Portland, Oregon, for a deposition, the rivals were about to fly back to Florida on the morning of Sept. 11, 2001, when the first plane crashed into the World Trade Center. Stranded at the airport with all flights grounded, Ehrenstein and David set aside their differences and decided to drive some 3,250 miles home together. Crowded into the last available rental car, the lawyers listened to the radio for news about the attacks, ate fast food and were forced to finally get to know each other.

“We talked about all that stuff that in our line of work you never learn about somebody because they’re just that SOB on the other side trying to keep you from getting what you want,” said David, a partner at Fuerst Ittleman David & Joseph PL.

obstructive behavior” after making hundreds of improper objections during a deposition in a contract dispute. Another pair of litigators from Philadelphia had to pay a share of opposing counsel’s legal fees for being rude during a deposition last year, when they told the other attorneys “be quiet,” “shut up,” and “stupid question.” And an Ohio lawyer was suspended earlier this year partially for insulting a judge with a variety of coarse vulgarities during a bar association holiday party.

In one recent high-profile spat, a lawyer for conspiracy theorist Alex Jones was warned by a Texas judge to dial down his conduct during a July trial after he referred to those representing the parents of a 6-year-old murdered in the 2012 Sandy Hook school shooting as personal injury attorneys and said one litigator was “dishonest.” When the judge suggested Jones’ attorney review the Texas attorney code of conduct regarding courtroom decorum and left the room, he got close to opposing counsel’s face, called him a liar and flipped him off.

Rude, angry and discourteous behavior like this often makes waves in the legal industry, but less is said about courteous attorneys and the quiet, unseen moments of civility between those on opposing sides of cases, deals and other matters. And while attorneys acknowledge their field is full of jerks – for lack of a better word – the colleagues who are gracious, kind and professional may have the most impact.

Profiles in Civility

DUI trial lawyer Jay Tiftickjian said the “stereotype of lawyers is that opposing counsel can be very un-cordial.”

They may not go hunting together – Ehrenstein prefers to fish — but the attorneys still keep in touch even when they’re not fighting in court. And they believe the road trip showed them how attorneys and the legal profession can benefit from kindness and civility.

“I learned that zealous advocacy didn’t mean that we had to abandon our humanity, we could become friends,” Ehrenstein said. “It was a big lesson for me. He’s been kind at times when he didn’t have to be kind. ... We can still be decent human beings to each other, even if we’re kicking each other’s teeth in in the courtroom.”

‘As Rare as an Albino Whale’

The legal industry is perhaps one of the most combative professions by design. Attorneys are called upon to help resolve bitter disagreements, handle terse negotiations and even navigate lifeand-death criminal investigations. With millions at stake and lives on the line, many attorneys don’t see civility as a priority.

“It’s about as rare as an albino whale,” civil trial lawyer Demetrios Anaipakos of Alavi & Anaipakos sPLLC said.

Two New York attorneys were ordered to pay thousands of dollars and attend a course on civility this summer for “uncivil and

But once when Tiftickjian was just starting out as a criminal defense attorney, he had to drive from Denver to a rural part of Colorado for a case and the local prosecutor went out of her way to invite him to her office to discuss the case, even making a fresh pot of coffee. They resolved the case that day in court and she sent him a thank you card in the mail the following week, acknowledging his politeness and expressing appreciation for his positive attitude and respect.

“It didn’t feel like I was going to a courthouse for a case, it felt like I was being invited into somebody’s home and welcomed,” Tiftickjian said. “I’ve been practicing for over 20 years now, and that’s always stuck out to me.” He said he’s treated people with kindness on the job ever since and that this approach has helped him resolve cases quicker and more efficiently, “getting better results upfront instead of having to play the game back and forth.”

Sharing a coffee also helped personal injury trial attorney Hunter Shkolnik of Napoli Shkolnik PLLC get to know an attorney outside the courtroom as they fought against each other in a drawnout case. So when a law society vetting his once-adversary for admission recently called Shkolnik, he praised the attorney.

“He and I could literally almost hit each other physically in the courtroom, we were that much at each other’s throats with the jabs back and forth,” Shkolnik said. “But I was more than happy to give him this glowing recommendation.”

“There’s more to this job than just the win and just the fighting.”

Christopher David, Esq.

Sometimes this civility extends beyond hashing out the particulars of ongoing cases and deals. After his mother died of corona virus in 2020, Rumberger Kirk & Caldwell PA partner Patrick Delaney said an attorney at a large injury firm was the first to personally reach out and offer his condolences despite only ever having litigated one case with him. The Morgan & Morgan attorney even emailed others at his firm to let them know about the loss and recommend they give Delaney space and time to handle pending cases.

“That was just something that immediately took a concern off of my plate,” Delaney said. “It also kind of gave me a little bit of a heads-up that I should probably take a step back myself to take care of whatever else we had to go through.”

And displaying basic decency doesn’t mean attorneys have to soften their stance for their clients.

many opportunities to repeatedly interact over long periods of time, here we only had a few, short interactions and had not had much of a chance to develop a rapport,” Calaf told Law360 Pulse. “He could have easily ignored me or just sent a two line email directing me to an appellate rule, but he took the time to do a call and share sample materials.”

Melkonian said he prefers “practicing in a world where opposing lawyers can be civil and collegial with each other even while landing hard blows in court.”

“If I can help do that with my own behavior, then I think that’s important to do,” he told Law360Pulse.

For many attorneys, these interactions put in starker contrast the all-too-common incivility that can be pervasive.

civility in the legal profession feels so exceptional these days, but they have their theories.

For one, the U.S. hasn’t been this politically divided since the Civil War, a dynamic only exacerbated by a global pandemic that has seemingly pitted individual freedoms against serious health concerns. Like most Americans, attorneys and their clients are angry, frustrated and emotionally rundown.

Demetrio Anaipakos, Esq.

On the eve of a major hearing, Anaipakos was bucked off a horse that got spooked by a chihuahua and ended up in the hospital. He said Gillam Smith LLP partner Melissa Smith immediately agreed to move the hearing and regularly checked in on his recovery. In other cases opposite Smith, Anaipakos said they’re able to speak candidly about “what our clients really wanted and try to find some common ground.” Smith didn’t immediately return an email seeking comment Monday.

“It’s a fundamental mispercep- tion that somehow in order to be a tough advocate, you have to be a tough person to deal with.”

When Wittliff Cutter PLLC partner María Amelia Calaf had to file an expedited appeal before the Fifth Circuit over Memorial Day weekend, she sought advice from an attorney who was opposing counsel in another case she worked a few weeks earlier. Calaf said Wright Close & Barger LLP partner Raffi Melkonian “generously” answered her questions about appellate procedure.

“What was unique here is that unlike in trial-level cases where the parties have

Greenberg Glusker Fields Claman & Machtinger LLP corporate and finance attorney Andrew Apfelberg said people in his line of work “are really sort of jerks to each other.” But during one matter that closed this summer, he was able to develop a “mutual understanding” with Waller Lansden Dortch & Davis LLP deals lawyer Roddy Bailey.

“It was really wonderful,” Apfelberg said. “At a certain point, our clients got sideways with one another, and he and I were able to broker the peace and help them find a way forward. A lot of times attorneys would not do that, and it was just an incredibly nice experience.”

Bailey echoed the same sentiment about Apfelberg, stressing that his firm’s approach is designed to close deals.

“We have certain client positions that we need to take or need to have go in our clients’ favor, but we also need to get a deal closed,” Bailey told Law360 Pulse. “As such, being zealous for our clients, and also thoughtful and courteous and reasonable, while at the same time focusing on getting a deal closed, is the way that we try to practice.”

On a different deal that closed a few weeks after the matter with Bailey, opposing counsel fought about giving notice over email and even the placement of a semicolon.

“Lawyers aren’t trained to acknowledge emotions of their own, of the other parties, or to invite emotion,” Apfelberg said. “So if all you’re left with is being an aggressive pit bull or getting lost in the ego, it’s a disaster.”

“It can be that sides of the bar often socialize separately and don’t typically know each other personally outside the context of adversary matters. It can be that lawyers are not truly mentored anymore the way they traditionally used to be in the professionalism and high civic component of being an advocate,” said Karina Sterman, a partner at Greenberg Glusker. “It can be that the types of people who often gravitate toward litigation specifically have something to prove and therefore externalize their aggression on strangers. It can be that judges are so overworked that they have no bandwidth to intervene in ‘mere’ instances of incivility and therefore it perpetuates unchecked. It could be all the above.”

Attorneys may also allow years of acrimony from one case or matter to spill into a courtroom. And the use of electronic communication in legal work – which has only increased since the pandemic began – can also make the “other side” seem less human.

“I know way too many attorneys that are keyboard warriors,” Delaney said. “So whatever they’re writing is filled with terse words and vinegar.”

Some attorneys said that their younger colleagues also see their work as “war” without the pesky nuance of real human experience. This is at least partially because younger attorneys don’t get to try a lot of cases and are instead brought up on depositions and fighting motions, according to Shkolnik.

“I’m not saying it’s not war,” Shkolnik said. “But even after Wile E. Coyote and Road Runner are trying to kill each other all day long, at 5 o’clock they can go have a drink, shake hands and befriends and cordial.”

Los Angeles white-collar criminal defense lawyer Mark Beck said some prosecutors today, particularly younger and greener ones, are less inclined to make informal, good-faith “handshake” agreements than in the past.

Rise of Incivility Attorneys couldn’t pin down exactly why

The

“You could stick your neck out because you expected something in return in good

Nominations Now Open for OCBA Leadership Positions

Nominating Guidelines

The following elected leadership positions are open for nominations:

OCBA Executive Council

(One-year term for each position: June 1, 2023, through May 31, 2024.)

• Vice President/President-Elect

• Treasurer

• Secretary (Three-year term for each position: June 1, 2023, through May 31, 2026.)

• Three (3) Executive Council Seats

Legal Aid Society of the OCBA

(Three-year term for each position: June 1, 2023, through May 31, 2026.)

• Two (2) Trustee Seats

Young Lawyers Section of the OCBA

(Two-year term for each position: June 1, 2023, through May 31, 2025.)

• Five (5) Board Member Seats

Important Deadlines

Nomination Period: Open now through Friday, January 15, 2023

Election Period: Late February / Early March 2023

Board Appointments / Officer Installations: May 2023

1. Blank nomination forms are available on the OCBA website, under the About Us/Nominations-Elections section.

2. Completed nomination form(s) must be sent via email to Rob Garay, Executive Director, Robg@ocbanet.org.

3. Each nomination form must be signed by no less than five (5) OCBA members in good standing.

4. For YLS nominations, the forms must be signed by no less than five (5) OCBA members in good standing, who are also YLS members.

5. Any nomination for the offices of Vice President/ President-Elect, Treasurer, or Secretary of the OCBA Executive Council shall only be accepted if the nominee has already served on the OCBA Executive Council at least one (1) year.

6. To make sure you receive your election ballot, log in to your member account on the OCBA website to check that your email address is correct.

7. If you need to update your email address and do not know your username, please contact Carolyn Cochrane, at carolync@ocbanet.org, or 407-4224551, Ext. 245, for assistance. If you need to reset your password, please follow the password reset instructions.

“I like the dreams of the future better than the history of the past.”

The Honorable Lisa T. Munyon

Chief Judge

Ninth Judicial Circuit Court

2023 Administrative Judges

Every year, a new group of administrative judges and associate administrative judges are designated to assist the chief judge with managerial, administrative and liaison duties. By taking on these roles, our judges play a vital role in the policy, procedures, and functioning of each division in our circuit. They maintain their normal caseload and duties, while taking on the added administrative responsibilities with no additional compensation for doing so.

Our 2023 administrative judges and associate administrative judges will be responsible for a variety of duties corresponding to their division. They will make recommendations regarding assignments and reassignment of cases as necessary, assist with coverage of divisions as needed, schedule hearing officers and magistrates, and implement procedures as envisioned in administrative orders. Through these important tasks, the work of our administrative judges and associate administrative judges will ensure our courts dispense justice both effectively and efficiently.

These are the 2023 administrative judges and associate administrative judges effective January 1, 2023:

General Circuit Civil Division (Orange County – includes Business Court, Probate, Mental Health, Trusts, and Guardianship)

The Honorable Margaret H. Schreiber as Administrative Judge and The Honorable Denise Beamer as Associate Administrative Judge

Circuit Criminal Justice Division (Orange County – includes Jimmy Ryce Cases)

The Honorable Luis F. Calderon as Administrative Judge and The Honorable Mark S. Blechman as Associate Administrative Judge

Circuit Family Court Division (Orange County)

The Honorable Diana M. Tennis as Administrative Judge and The Honorable Michael S. Kraynick as Associate Administrative Judge

Circuit Juvenile Division (Orange County)

The Honorable Reginald K. Whitehead as Administrative Judge and The Honorable Heather L. Higbee as Associate Administrative Judge

Unified Problem Solving Court Division (Orange & Osceola Counties)

The Honorable Alicia L. Latimore

Circuit Appellate Divisions (Orange & Osceola Counties)

The Honorable Kevin B. Weiss

County Court (Orange County)

The Honorable Tina L. Caraballo as Administrative Judge and The Honorable Brian F. Duckworth as Associate Administrative Judge

Circuit & County Courts (Osceola County)

The Honorable Keith A. Carsten as Administrative Judge of Circuit and County Courts

The Honorable Tanya Davis Wilson as Associate Administrative Judge of Circuit and County Courts

The Honorable Hal C. Epperson, Jr. as Associate Administrative Judge of County Court

The Honorable Lisa T. Munyon, Chief Judge of the Ninth Judicial Circuit, was first appointed to the Circuit Court for Orange and Osceola counties in 2003 and has been an OCBA member since 1989.

Veterans LawCommittee

Military Administrative Hearings

dministrative hearings are most commonly associated with governmental agencies, like the Department of Highway Safety and Motor Vehicles (DHSMV) formal review hearings to determine whether driving privileges should be suspended after an arrest for a DUI. Administrative hearings can also involve colleges and universities, such as student conduct hearings to determine whether a student should be suspended or expelled for misconduct. And, of course, there are numerous professional associations with their own administrative rules and procedures (e.g., The Florida Bar and The Florida Department of Business & Professional Regulation). Obviously, administrative hearings are serious and can have a significant impact on a person’s profession, their family’s financial well-being, and so on.

Thomas Feiter, Esq.

The United States Military has its own administrative rules governing how it deals with service members and misconduct.

A private attorney may represent a service member accused of misconduct and/or crimes that occur in any of the states or territories of the United States. The misconduct is usually in the form of some lower-level offense like domestic violence, a DUI, or drug possession. Every once in a while, it will involve a felony like a sex crime or homicide. Aside from what we understand to be crimes in the civilian world, though, there are military-specific offenses that can lead to a Soldier being administratively separated from the service: adultery, unsatisfactory performance, failing to maintain height and weight requirements, failing to follow orders, dereliction of duty, and drug use (Soldiers are regularly and randomly tested to detect and deter drug use).

Without getting too deep into the details of the regulations and procedures governing military administrative board separations, allow me to underscore the significant repercussions of an involuntary separation from the military. A Soldier can serve honorably for many, many years and lose all their benefits if they receive an other than honorable discharge. What is at stake are (1) the Soldier’s honor and dignity; (2) their job and career; (3) their pension; (4) their Department of Veteran Affairs (VA) benefits; and (5) future employment opportunities.

The main differences I have found between military and non-military administrative hearings include that military service members (both active duty and reserve) are provided (1) a free lawyer/ judge advocate/defense counsel; (2) significantly more substantive and procedural due process rights; and (3) a tribunal comprised of three (3) board members – all of whom must be senior in rank to the respondent/accused. The main similarities, in my experience, are that the arbiters/triers of fact/decision makers (1) are not law-

Ayers; (2) have significant discretion to do what they want/feel is right; and (3) are not bound by the rules of evidence or procedure that we lawyers are accustomed to in our normal tribunals. Every command in the Army has a commander. Every commander has the authority to separate or “kick out” Soldiers who commit misconduct or are unfit to serve. These commanders are typically subject matter experts in a certain discipline (e.g., infantry, armor, corps of engineers, aviation, etc). They are usually not lawyers or judge advocates. However, every commander has staff officers (like judge advocates) that they rely on to make sure their conduct and orders are lawful and follow policy and regulations. Commanders assign their judge advocates to administer the proper procedures to separate or “kick out” a Soldier when appropriate (i.e., to begin involuntary separation procedures).

When ordered, the commander’s judge advocate will notify the Soldier that the process of separation is being initiated. The Soldier will be given the option to get (at no expense to the Soldier) their own judge advocate to advise and counsel them through the process. These lawyers work for the Army’s Trial Defense Service. This is analogous to affording the Soldier a “public defender” or pro bono lawyer to defend them. You don’t get one of these when The Florida Bar notifies you of adverse administrative action! However, the Soldier may elect to privately retain a civilian attorney. All adverse Information must be provided to the Soldier and their counsel in advance of appearing before the board, which is comprised of three (3) members. The board will decide three important issues: (1) if the Soldier committed the misconduct; (2) if so, whether the conduct warrants separation; and (3) the characterization of separation. The burden of proof is preponderance of the evidence, and the board decision need not be unanimous.

If a Soldier is not found to have committed the misconduct, or if the board finds that the misconduct does not warrant separation, the Soldier may be retained. If, however, the board finds that the soldiers should be separated, the characterization of separation is important. There are only three options the board can give the Soldier: (1) an honorable discharge; (2) a general discharge (under honorable conditions); or (3) an other than honorable (OTH) discharge. Notice there is no such thing as a dishonorable or bad conduct discharge, as those characterizations of service are only available in military courts martial. Those terms of art do not exist in administrative proceedings such as these.

In general, lawyers will try to avoid an OTH characterization of discharge at board proceedings, it carries a stigma and deprives the Soldier of their benefits and pension. If a Soldier is retained by the board, the Soldier is allowed to continue in their service.

Thomas Feiter, Esq., practices criminal law at Fighter Law and is currently a Co-Chair of the Veterans Law Committee. He has been a member of the OCBA since 2010.

BrownImmLaw.com 407.753.4469

OCBAFoundation

What is the Orange County Bar Association Foundation up to these days? The Foundation is dedicated to providing the residents of Orange County, Florida, with information about civics, the justice system, and our legal community.

Our executive board and involved lawyers continuously work on ways to connect with the citizens. Some of our outreach efforts include supporting mock trial competitions, serving as liaisons at meet and greets, hosting town halls on issues of public interest, raising money for local pro bono legal services through a not-forprofit, informing citizens how to vote, and working with youth at afterschool programs. For instance, October 11 and October 25, 2022, board members, Alisia Adamson, Trinetta Fisher, and Onchantho Am volunteered at the Orange County Mercy Drive

Kidz Zone. We plan to continue this every two weeks. Attached pictures included Trinetta and Onchantho. These are just a few of our many accomplishments and we look forward to new ways to support our community.

If you need help with any of your legal education programming be sure to check out our Grants opportunities at www.orangecountybar.org/about/foundation!

We also offer scholarships for students in the UCF Legal Studies and Valencia Paralegal Program. http://www.orangecountybar.org/ about/foundation!

Orange County Mercy Drive Kidz Zone

Trinetta Fisher, Onchantho Am

Judge Gisela Laurent, Brooke Halper, Ana Lopez, Isela Simpkins

Jessica Travis, Brian Sandor, Judge Carly Wish

Alex Souders, Karen Persis, Evelyn Quintana

Leia Leitner, Onchantho Am, CJ Bosco

Judge Tina Caraballo, Judge Eric DuBois, Judge Amy Carter, Judge Eric Netcher

OCBA October Luncheon

OCBA and Central Florida Association for Women Lawyers Joint Luncheon: GrowingUpSharedwithStaceySteinberg Thursday, October 27, 2022 Embassy Suites Downtown Orlando

Title Sponsor:

Karen Persis, Stacey Steinberg, Issac Steinberg, Sharlene Stanford

Ava Doppelt, Alisia Adamson Profit

Charles Hawkins II, Lawrence Kolin

Legal Aid Society

Legal Aid Society of the Orange County Bar Association 2023 President’s Message

Dear Orange County Bar Member: In Orange County, Florida, we believe that “Equal Justice Under the Law” is more than just an inscription over the bench. For more than 60 years, the members of the Orange County Bar Association have committed themselves to equal justice, regardless of income status, by volunteering their time and by funding our own legal services agency. The lawyers and staff of the Legal Aid Society and this Bar’s panel of pro bono lawyers provide essential legal services to over 1,200 new clients every year. Through our

Small, Esq.

Legal Aid Society and volunteers like you, the most vulnerable in our society--abused and neglected children, victims of domestic violence, the elderly, and those in danger of losing their homes--receive crucially needed legal services. In 2023, the LAS service year will completely align with the OCBA membership year. Please review the below 2023 LAS pro bono options, which includes far more than traditional cases, and make your LAS service elections by June 1. Thank you for your volunteer efforts and financial contributions. Your commitment to “Equal Justice Under the Law” reminds us all of why the Orange County Bar Association is the best Bar in the world!

Jay Small President, LAS Board of Trustees

www.LegaLaidOCBa.Org

PARTICIPATE IN PROJECTS

Government and In-House Counsel have first priority in projects. Private attorneys can sign up for projects, only if we do not fill the slots. We must receive a written request to be in a project.

HIV SPECIAL WILL PROJECT: Pro bono attorneys provide simple wills and related documents to persons who are HIV positive. Attorneys interview clients at support groups such as Aspire, Hope & Help, and Miracle of Love. Monthly intakes are required of each participant, 5 slots.

BANKRUPTCY PRO SE ASSISTANCE CLINIC: Pro bono attorneys volunteer for a minimum of 16 hours with the Middle District’s Clinic and take one case referral from Legal Aid. The clinic provides pro se assistance on site at the Middle District Court. Cases assigned by Legal Aid are primarily Chapter 7s and some limited Chapter 13s. 12 slots.

CITIZENS DISPUTE SETTLEMENT: Attorneys serve as mediators for the OCBA sponsored program. Attorneys sign up through Legal Aid. The OCBA is given a list of names and will set the schedule in January. 20 slots for the Citizens Dispute Settlement are available. Slots are filled on a first come basis with preference for government and in-house corporate counsel. Slots fill up by mid-December.

FAMILY MEDIATION: Attorneys serve as mediators for the OCBA sponsored program. Attorneys sign up through LAS and the names are given to the OCBA. 15 slots are available. The annual schedule is set in January. Slots are filled on a first come basis with preference for government and in-house corporate counsel. Usually fills by mid-December. Requires certification as a mediator.

COMMUNITY EDUCATION: Opportunities to serve the community include: attending community fairs, giving substantive law presentations, participating in outreach on particular area of need, or one day advice clinics. 20 hours. For information contact Laura Sanchez at lsanchez@legalaidocba.org.

EARNED INCOME TAX CLINIC: Attorneys provide assistance to working poor taxpayers with preparing their returns. Participants are expected to be available for 7 to 9 dates from January-April. The LAS VITA site is also open year-round and volunteers can assist throughout the year. 20 slots.

TEEN COURT: This diversion program was created to help juveniles accused of misdemeanors. Juveniles appear at a court composed of teens as prosecutor, defense attorney, and jury. Attorneys serve as advisors and trainers.

50 slots. First come basis, preference to government and in-house corporate counsel.

NONPROFIT INCORPORATION PROJECT: Attorneys assist eligible community groups with initial incorporation and obtaining 501c (3) status. 7 slots.

VIRTUAL HOUSING ADVICE CLINIC: Attorneys provide counsel and advice to pro se tenants facing evictions. 30 slots.

TAKE CASES

FAMILY: This is the most frequently requested service area. Assistance with dissolution of marriage, child support, and domestic violence issues remain in critical need. We also help with custody for minor children, as well as guardianships for adults when Seniors First has been appointed, and Guardian Advocacy for relatives.

CONSUMER: Many consumer-related issues are referred to pro bono attorneys. Chapter 7 and Chapter 13 bankruptcies are the most frequent areas of referral. Debt collections, student loans, and garnishment are some of the other types of cases referred.

HOUSING: A variety of housing related cases are referred. Eviction defense of a private landlord/tenant rental is the most common referral. There are also disputes about the conditions of rental units and security deposits. Issues related to loss of homestead such as foreclosure are also referred.

IMMIGRATION: We refer a variety of immigration issues, primarily for victims of violence. We get some requests to assist with

Jay

children’s issues, TPS, and DACA. We also refer work authorization and green card renewals.

VETERANS: In partnership with the local VA Hospital our VALOR Project has grown and gained national recognition. We have established special criteria for veterans and most of our cases are simple wills, advance directives, and power of attorney.

SEALING AND EXPUNCTION: In Partnership with local employment agencies we assist job seekers in sealing or expunging eligible records.

OTHER CASES: These include appeals of civil cases in a variety of forums, simple wills and related documents for special proj

Legal Aid SocietyWhat We Do...

In the New Year, LAS Resolves to be More Like Itself in 2023

Ihave a love-hate relationship with New Year’s resolutions.

Loves – the idea of improving myself; taking part in a collective activity with others; the feeling of “safe” failure if I fall short of my resolution. Hates – the NutriSystem commercials on repeat; the anger / frustration / embarrassment / exhaustion I feel when I realize it’s January 26, and I’ve fallen very, very short of my year-long plan. Oh, the emotional peaks and valleys!

bono option they choose for the upcoming year. Those forms will now be distributed beginning in April, enabling OCBA members to track your annual pro bono service more easily, as it is now in direct alignment with the OCBA membership year.

If you already made an in lieu of pro bono service payment for 2022, you are in pro bono compliance through May 31, 2023. If you were participating in a project for 2022, you will automatically be enrolled in that same project through May 2023, unless you specify otherwise.

Esq.

I feel none of the lows, though, as I think about the Legal Aid Society’s (LAS) plans for the coming year. While 2022 was filled with more need than ever from our community, volunteers, staff, and supporters rose to the occasion and took on the increased need, while also implementing new outreach and practice strategies. There were so many wins at LAS in 2022, and that has me more than hopeful about 2023.

In the coming year, we plan to continue to increase our accessibility to our neighbors, while also making certain our volunteer attorneys discern clear value from their pro bono service. You make all the difference, and we appreciate your support.

In 2023, LAS will move the start of our pro bono year to more closely align with the OCBA’s membership year. That means our pro bono year will run June 1 through May 31.

As you likely know, LAS previously sent out annual pro bono preference forms in November so volunteers may select which pro

If you have any questions or concerns, please feel free to contact Legal Aid Society staff assistant, Ms. Marilyn Carbo, at mcarbo@ legalaidocba.org. We are happy to assist with the terms of your membership, including initial enrollment, pro bono project or case selection, annual fee in lieu of service payments, and more.

I send a special thank you to every member of the OCBA for your continued support and extend very special gratitude for LAS board and staff attorneys. We broke service barriers in 2022 and with your collective support and our newly aligned pro bono service year, we know we can even better serve our beloved Orange County. Happy new year and may all your troubles last as long as your new year’s resolutions!

Bethanie Barber, Esq., is the Executive Director of the Legal Aid Society. She joined the OCBA in 2008. Please contact her at bbarber@legalaidocba. org if you are interested in learning more about the Legal Aid Society. For donations and sponsorships, please contact Ms. Donna Haynes, Director of Development, at dhaynes@legalaidocba.org.

Bethanie Barber,

Nothing changes On New Year’s Day – U2

The refrain from that little band from the Emerald Isle has often been taken in a negative sense. Could be that line about gold being the reason for the wars we wage, not sure. Being the glass half-full kind of guy I am, though, I choose to view Bono’s axiom as fundamentally positive. How so? Glad you asked: Example #1 of the good side of “the more things change, the more they stay the same” - the OCBA’s Legal Aid Society. The coolest event taking place since the champagne dried on the new federal courthouse occurred in November when more than 25 past presidents of our groundbreaking pro bono organization reunited for an evening of camaraderie and a couple of trips down memory lane. Russell (like co-attendee Leon, he only needs one name) both sponsored the evening and spoke of the origins of the organization in the ’60s. (Apparently, some who were there recall the decade after all!) He was followed by ’70s’ speaker Michael Walsh, ’80s’ representative Chuck Stepter, and ’90s’ designee Mary Anne Morgan, with the ’00s’1 covered by the Honorable Sally Kest. The theme for each speaker was the constancy of Legal Aid through changing times. Most remarkable was how radical the idea of 100% bar participation was in the ’60s, and how the OCBA has stuck true to that concept every year despite the ever-present challenges over time. After the event, Tad “Keats and” Yates remarked that the evening really made an impact on his view of how special this bar and its greatest achievement is, and that it’s a shame that the event hadn’t been videotaped. Whenever the reunion event gets planned, rest assured the tinseltown version will be recorded to ensure keeping this history intact. Congrats to Bill “the U” Umansky and his committee for pulling out the stops to make this first-ever event something which will surely be repeated.

Example #2 of “Nothing Changing can be a Good Thing” – the Social Committee’s Poker Tournament. You’ll see the pictures scattered about this column, illustrating how this annual event proved to be another smashing success for the “Shuffle Up and Deal” crowd. A full house of over 80 players - and more than a few onlookers - came downstairs into the speakeasy otherwise known as Tanqueray’s to enjoy some card playing, camaraderie and charity, contributing more than $1,000 to the OCBA Foundation. Scott Maxwell, announced as “the Nick Shannin of the Orlando Sentinel,” was on hand to try his hand against the esquires present, but it was another non-lawyer who pulled off the big trophy, as Winderweedle friend-of-the-firm Jason Skinner went all in to knock out big lawya after big lawya on his way to the coveted OCBASOP bracelet. Jason’s profession? World history teacher and “Voice of the Wolves” for Timber Creek High School. Not sure what the lesson will be to his students for this victory, but congrats to Jason and to Winderweedle, Haines, Ward and Woodman, P.A. for the vicarious victory. Congrats also to “Sheriff” Woody Rodriguez and Steve “USC lost to Stanford?!?” Jacobs for their hard work to make sure the evening was flush with success.

The Briefs, January 2008, Vol. 76 No. 1

Gene Shipley addressed a crowd of nearly 300 members and guests at October’s Bar Luncheon. He welcomed our guest speaker, Raquel “Rocky” Rodriguez.

Rocky Rodriguez (third from left) was recognized for her many contributions to the Hispanic community by HBA officers Cindy Duque, Andrea Caro and Penelope Perez-Kelly.

Tom Marks, The Marks Law Firm, accepts a 100% Club certificate from Tad Yates at the November luncheon. With Tom are attorneys Valerie Evans and Abigail Schroeder.

L. Anthony Collins Jr., Vice President of the public relations firm TuckerHall, addressed the November Bar Luncheon crowd. TuckerHall will be working with the OCBA during the coming year as we celebrate our 75th Anniversary.

Example # 3: If you miss a great social event, another one’s around the corner. Ever since Kristyne “K-Square” Kennedy accepted the Helsbian assignment of starting this Social Committee up, it has been a never-changing flow of one cool event topped by an even cooler one. K2’s replacement, Kimberly Webb 2.0, will surely do just that when the OCBA holds its 4th annual Wine and Cheese gathering on January 24, 2008 at a place TBA. While great for those who know their Cabernet from their Camembert, this event safely avoids a pinkies-up aura and instead is always just plain fun, regardless of how sideways your views on Merlot may be. For more information, contact event chair Judi Hayes at jah@mcclanepa.com

Need an Example #4? 45-12. 21-14. 34-7. 20-13. No, my colleagues from down I-10, I’m not trying to establish that the current trend is a permanent and unchanging constant, though it may last at least as long as Tim “Daily Planet” Tebow hangs around. But that a certain Hearsay columnist would delay his submission to get the 2007 vintage in the column - yeah, you can set a watch by that! And all this to segue to this Kudos note: Congrats to Carlton Field’s Karen Lynn Persis for her election as President-Elect of the Central Florida Gator Club - the largest alumni chapter of any state university alumni association. Way to go, Karen!

An Example #5? Really? Well, you need look no further than the 16th Annual YLS Golf Tournament to verify that constants can be good indeed. This mainstay of the OCBA YLS had the perfect weather to compliment a full field, including Judges Cohen and Kane who were in the group right behind mine, and therefore should have been provided a full-armored golf cart! For additional details, turn to Brother Kessel’s YLS on the Move article (but only after you’re done reading this. Priorities!)

So, maybe nothing does change on New Year’s Day. If that means continued strengthening of our bar, its events and – most importantly – its Legal Aid Society, then count me among the champagne-flute-half-full crowd who views this continuation as a serious positive. Best wishes to everyone for a great and prosperous 2008. Don’t forget in this new year to send your kudos, gossip or other interesting information my way at nshannin@floridalawonline.com. Have a great January, see you at the Wine and Cheese Party and then I’ll meet you back here in February.2

1 Shannin tangent here: we are eight years into this decade of ours, and as far as I know there is no consensus as to what we are going to call it. The 0s? The Naughts? The 2000s would clearly be a wee bit over-encompassing. Maybe we’ll all vote in a couple of years, and then debate what we’ll call the next decade....

2 Oh, wait – we have a winner! Our first Hearsay trivia contest winner is William “Go Owls” Davis, who correctly recalled that Clara Barton was our American Red Cross pioneer. Here’s a bit of hearsay about our winner -- Bill has become the managing attorney for the Orlando and Jacksonville offices for Nationwide’s staff counsel. Congrats, Bill. What, you want your name in print, too? Ok, here’s your trivia question for the month: identify three movies with endings involving New Year’s Eve. First correct answer e- mailed to nshannin@floridalawonline.com wins!

1

Nicholas A. Shannin is a Board Certified Appellate Attorney and a partner with Page, Eichenblatt, Bernbaum & Bennett. He has been a member of the OCBA since 1995.

Nicholas A. Shannin

Kristyne Kennedy and Orlando Sentinel columnist Scott Maxwell seemed to be having a great time at the Texas Hold ‘Em Poker Tournament! Scott stepped up the “celebrity quotient” of the event!

Konstantin Pantas (left) and Scott Maxwell (right) watch their cards – and the mystery player – very carefully! Players raised more than $1,000 for the OCBA Foundation.

Chips are up for OCBA Prez Gene Shipley! We don’t know whether he held a winning hand, but you have to hand it to him, and event co-chairs Woody Rodriguez and Steve Jacobs, for putting on a great party!

Seminoles Heather and Woody Rodriguez outflank Gator Tad Yates at the annual Florida-Florida State game in November. But, it’s all history now....UF walked away with a 45 to 12 win. Next year, guys....

faith,” Beck said.”But there is this tendency now to make everything so formal and to remove the part of it that involves trust.”

And some clients and even firms expect their attorneys to be antagonistic to the other side.

“Our profession encourages logic, it doesn’t encourage emotion,” Apfelberg said. “Emotion is almost viewed as weakness ... and some feel that unless they’re super aggressive, people are going to think they’re weak.”

Calaf said it’s up to members of the bar to educate clients on the difference between advocacy and incivility.

“Litigation is by definition antagonistic,” she said. “Our clients expect us to zealously advocate for them, and in doing so often mistake unreasonableness and aggressiveness for advocacy.”

The portrayal of attorneys in fiction and mainstream news doesn’t help, especially when lawyers themselves are hungry for the spotlight, Tiftickjian said.

“When an attorney has their own personal gain that they’re mostly concerned about, that’s when the incivility usually comes out,” he said.

The practice of law has also expanded to where deals, cases and other matters can span multiple jurisdictions, making one-on-ones between attorneys harder and lessening the impact of developing a reputation as someone who’s difficult to work with. And while attorneys practicing in one area of law in the same city or state may get to know each other throughout their careers, there’s less community and “self-policing” between those who see each other less often.

“There’s only so much of a jerk you can be in a small community before the reputation gets around,” Apfelberg said. “But if I’m working on a deal with an attorney I may never interact again, it’s way easier to be a jerk.”

Bars Renew Focus on Civility

Some attorneys said encouraging civility may become increasingly challenging since the pandemic because hybrid work has further decreased in-person interactions.

But others said the proliferation of video conference calls from home, as well as the understanding that times are tough for everyone, may have helped.

“The advent of Zoom and seeing people in their homes, as opposed to just nastygrams going back and forth, may have softened it a little bit,” Shkolnik said.

The American Bar Association urged the use of civility codes twice since 1988 before endorsing specific guidelines for litigation conduct in June 2020. “A lawyer’s conduct should be characterized at all times by personal courtesy and professional integrity in the fullest sense of those terms,” the guidelines say.

The Florida Bar’s oath has included a pledge of fairness, integrity and civility in all communications since 2011. “The Texas Day of Civility in the Law” was established in 2017 to remind legal professionals that the Lone Star State’s lawyer’s creed includes the promise to act ethically, professionally and civilly. And in 2019, the New York State Bar Association approved updated standards of civility, incorporating technological advances since their original 1997 adoption and expanding them to include transactional practices and non-litigation settings.

In 2014, the California State Bar attorney oath of admission was updated to include the promise to”strive to conduct myself at all times with dignity, courtesy and integrity.” But, believing incivility actually increased since then, the California Lawyers Association and the California Judges Association formed a task force that issued a report in 2021 recommending additional training on civility for judges and attorneys, an annual civility oath for lawyers, and new rules making repeated uncivil behavior professional misconduct subject to Bar discipline. The State Bar is considering the proposals.

Cordial and Constructive

Whether or not these efforts lead to increased civility, attorneys said the benefits of courtesy in the legal profession extend far beyond courtrooms and the avoidance of sanctions.

Attorneys can pass along legal work to competitors they’ve worked well with in the past, knowing the client they’re conflicted from representing is in good hands. Apfelberg said he and Sklar Kirsh LLP co-

chair Jeffrey Sklar are on opposite sides of deals “50% of every assignment” but they frequently refer matters to each other after developing a collegial relationship.

“It makes me feel more secure in making that referral,” he said. “Civility can actually turn into a beneficial relationship for the attorneys.”

Sklar said having colleagues who are close friends makes practicing law “more enjoyable and fulfilling,” acknowledging that sitting opposite an attorney one knows and trusts is “a balancing force.”

“While you may not agree on all of the issues, you know that your counterpart is a good person with integrity who will seek to achieve a reasonable outcome,” he said. “When Andrew Apfelberg and I are opposite each other, we each know that the other will provide reasonable advice to the clients and seek a resolution that both parties can live with.”

Olshan Frome Wolosky LLP partner Mitchell Raab and DLA Piper partner Adam Brenner have referred clients to each other and even made a presentation together about venture capital finance after working together for the first time opposite each other in a tense start up matter. Brenner said DLA Piper isn’t focused on “scoring points.”

“One of the great things about working in the emerging growth and venture capital ecosystem is the collegiality of so many attorneys,” he said through a firm spokesperson. “While on the opposite side of a financing transaction, Mitch was constructive in working to a solution that benefited both of our clients in the deal.”

Raab said attorneys like him who have lived through the financial turmoil of 2008 may better recognize the importance of civility in corporate counseling.

“The proper functioning of markets and the ability of parties to come together and transact is not something to be taken for granted, and something that using all of our tools as counsel and advisers can help bring about,” Raab said. “An ingredient in that has to be civility and kindness.”

While Beck was defending a client on fraud charges in federal court, he realized his team forgot to attach signature pages to juror questionnaires the morning before jury selection. The two senior prosecutors kindly offered to print them before the judge took the bench.

Beck later referred one of the prosecutors a case where a Los Angeles gallery was accused of selling one of his clients a phony

Andrew Apfelberg, Esq.

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Picasso. The prosecutor took the case, and Beck’s client ultimately got restitution.

“Courtesy doesn’t mean weakness, and courtesy isn’t for the purpose of not upsetting the judge or not upsetting the other side,” Beck said. “The goal is to upset the other side, turn them upside down, but how you go about it is the question.”

Ehrenstein and David also acknowledged there will always be underlying conflict between attorneys on opposing sides, even if those disagreements are civil.

“It’s the nature of the beast,” David said. “But how escalated that conflict gets has a lot to do with the lawyers.”

Ehrenstein said he’s optimistic that there’s fewer useless squabbles at the higher levels of the profession.

“We shouldn’t be bickering with each other over things that are unimportant,” he said. “We need to spend the time and effort and money to properly train the next generation to be courteous and civil and why that’s important, or the system just doesn’t work.”

“The Case for Civility among Attorneys” originally appeared in Law360 on October 24, 2022. Reprinted with permission.

Anna Sanders – is a senior reporter at Law360 covering the legal industry.

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Young Lawyers SectionNews

Esq.

YLS on the Move

Happy New Year from YLS! Unfortunately, Hurricane Nicole caused us to postpone a few November events: (1) Annual Lip Sync for Lungs Live Battle, and (2) November YLS Luncheon: Paycheck vs. Passion Panel. The Lip Sync for Lungs Live Battle is happening this month on January 12, 2023, at the Sak Comedy Club! Despite Hurricane Nicole, we still ended 2022 on a strong note.

On November 8, 2022, YLS hosted its Fall Festival benefiting the 25th Anniversary of Basket Brigade. We had an awesome time at Rockpit Brewing. We were able to make a large monetary donation to Basket Brigade. The donation was used to provide Thanksgiving meals to less fortunate Central Florida families. Thank you to chairs Brooklyn Rapchik-Gaughen, Kenway Wong, and Katrina Mosciski for coordinating such an amazing event. Special thank you to all the attendees and donors!

On November 17, 2022, YLS held a free CLE on Mediation Rules and Ethics. Florida Supreme Court Certified Mediator David W. Henry provided an engaging and informative presentation on the ins and outs of mediation. A lucky guest won SkyMiles! Thank you Attorney Henry for an amazing presentation!

On November 30, 2022, YLS held a joint luncheon with Paul C. Perkins at the Citrus Club. The organizations had a distinguished panel on the topic Paycheck vs. Passion. The panelists gave everyone their positions about how they made professional and personal choices and what they factored into those choices.

On December 7, 2022, YLS hosted its annual Charity Holiday Party at the Historic Dubsdread Ballroom. We received numerous toys and donations that were used to purchase toys for children in need. We made many children smile this Christmas. Thank you to chairs Dayna Clark, Alice Burgos, and Alex Mena for organizing this incredible event. Special thanks to our sponsors!

On December 16, 2022, our holiday party chairs and members threw a Christmas Party at Washington Shores Elementary School. The children were so happy to receive presents from the YLS! Don’t forget to follow us on Facebook, Instagram, and Twitter for more updates! If you attend any of our events, tag us @ocbayls and #togetherwegofar.

Upcoming event: 1/20/2023 – YLS Annual Golf Tournament

Vaughn G.S. Glinton, Esq., is an attorney with Jackson Lewis P.C., where he practices employment law. He has been a member of OCBA since 2017.

Vaughn Glinton,

Halloween Party at the Salvation Army

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Is your firm part of the 100% Club? Firms with two or more attorneys and 100% membership in the OCBA can belong! If you believe your firm is eligible, please call the Membership Department at 407-422-4551, ext. 225.

20 or More Members

Rumberger, Kirk & Caldwell P.A.

Shutts & Bowen, LLP

Wicker, Smith, O’Hara, et al. Winderweedle, Haines, et al.

10-19 Members

Colling Gilbert Wright & Carter, LLC

Fisher Rushmer

Legal Aid Society of the Orange County Bar Association, Inc.

Marshall, Dennehey, Warner, Coleman & Goggin

McDonald Toole Wiggins, P.A.

Stovash, Case & Tingley

2-9 Members

Anderson & Ferrin, Attorneys at Law, P.A.

Artemis Family Law Group, PLLC

Aust Law Firm

Barrister Law Firm, P.A.

Barry Miller Law

Carr Law Firm, P.A.

Compass Law

Culbertson Law Group

Davey Law Group, P.A.

Debra Wilkinson Botwin, LLC

DeCiccio & Johnson

Dellecker Wilson King McKenna Ruffier & Sos, LLP

Divine & Estes, P.A.

Fassett, Anthony & Taylor, P.A

Flammia Elder Law Firm

Forward Law Firm P.A.

Gasdick Stanton Early, P.A.

GoodBlatt – Leo

Green Family Law, P.A.

Haliczer Pettis & Schwamm Attorneys at Law

Harris Harris Bauerle Lopez

Hilyard, Bogan & Palmer, P.A.

Hornsby Law

Infocus Family Law Firm, P.L.

Jill S. Schwartz & Associates, P.A.

Keating & Schlitt, P.A.

King, Blackwell, Zehnder & Wermuth, P.A. Korshak & Associates, P.A.

Kosto & Rotella, P.A. Law Offices of Brent C. Miller, P.A. Law Offices of Horwitz & Citro, P.A. Lebron Law PLLC

Marcus & Myers, P.A.

McMichen, Cinami & Demps PLLC McShane & McShane Law Firm, P.A. Meenakshi A. Hirani, P.A.

Men’s Divorce Law Firm

Morgan, White-Davis & Martinez, P.A. Murphy & Berglund, PLLC

N. Diane Holmes, P.A. O’Mara Law Group

Page & Eichenblatt, P.A. Perez LaSure, LLC

Rebecca L. Palmer Law Group Sawyer & Sawyer, P.A. Schwam-Wilcox & Associates SeifertMiller, LLC

Shannin Law Firm, P.A.

Stovash, Case & Tingley

Tangel-Rodriguez & Associates

The Aikin Family Law Group

The Arnold Law Group

The Brennan Law Firm

The Elder Law Center of Kirson & Fuller

The Fighter Law Firm, P.A.

The Law Office of Michael L. Dear, PLLC

The Llabona Law Group

The Marks Law Firm, P.A.

The Skambis Law Firm

Warner & Warner, P.L.

West Family Law Group

Wieland & DeLattre, P.A.

Wilson McCoy, P.A.

Wooten Kimbrough, P.A.

Yergey & Yergey, P.A.

Voluntary BarNews

SideBar

Happiest of New Years to You and Yours! Here is a glimpse of some of the events events our voluntary bar associations had to end 2022 in the best way possible.

The Federal Bar Association, Orlando Chapter

On December 1, 2022, the Federal Bar Association’s Orlando Chapter (FBA Orlando) hosted their Holiday Party at Nardella & Nardella, PLLC. Earlier in October, FBA Orlando hosted students from Orangewood Christian School for a Civil Discourse Program at the Federal Courthouse. The students attended a judicial panel, a presentation by the U.S. Marshals, and a hearing in front of U.S. Magistrate Judge Leslie Hoffman Price. Also, congratulations are in order for FBA Orlando which was awarded the Presidential Achievement Award for chapter activity at the 2022 Federal Bar Association National Meeting and Convention in Charleston, South Carolina in September.

The Greater Orlando Asian American Bar Association

The Greater Orlando Asian American Bar Association (GOAABA) hosted a Happy Hour on October 12, 2022, at Cocktails & Screams. Then on November 15, 2022, GOAABA hosted a wellness event at Board & Brush Creative Studio.

The Central Florida Association for Women Lawyers

The Central Florida Association for Women Lawyers (CFAWL) had one of their busiest fall seasons to date. First, CFAWL kicked off Pro Bono month in October with a luncheon which included an inspiring presentation by Florida Association for Women Lawyers (FAWL) President-elect Thomasina Moore on the importance of guardian ad litem work and other pro bono service. Then CFAWL members were able to enjoy CFAWL Past President Mayanne Downs’ legendary Tables for 8. Mayanne even taught CFAWL President Lauren Millcarek how to open a bottle of

champagne with a saber – wow! Then CFAWL partnered with the Orange County Bar Associations Young Lawyer Section (OCBA YLS) for the Pink & Purple Party honoring Breast Cancer and Domestic Violence Awareness Months.

After that, CFAWL hosted an intimate movie night at Harbor House to celebrate Dia de los Muertos. Volunteers were able to connect with each of the survivors and provided a night to relax and have fun for the kiddos.

Then CFAWL turned out in full force for their annual joint luncheon with the OCBA. Those in attendance heard from speaker Stacey Steinberg on the importance of privacy for children in a digital world.

Finally in October, CFAWL closed out spooky season, with their second annual Murder Mystery Table for 8. CFAWL wishes to thank vampire hostesses Traci Deen and Kathleen Shea for a bloody good time!

CFAWL started November with some family fun on November 2, 2022, by hosting a fall festival at the Enzian theatre. Members were able to enjoy Hocus Pocus on the big screen while also being able to enjoy face painting and animal balloons for the littles along with snacks and drinks for the not so littles. Next on November 8, 2022, CFAWL members gathered for a night of Friendsgiving as Eve Lumsden and Cindy Duque Bonilla hosted a Table for 8 with fall-themed dining, cocktails, and friends-filled fun. Then on November 17, 2022, CFAWL hosted their annual Judicial Reception Honoring our Judiciary at Casa Feliz. Then, as a way to give thanks and honor our troops, CFAWL members gathered for a virtual card making session on November 21, 2022. Cards were subsequently sent to members of our armed forces. CFAWL finally closed out December with a holiday luncheon on December 2, 2022, where members were able to mix and mingle with a little bit of jingle to unwind before the holidays.

Alena V. Baker, Esq., of Alena Baker Criminal Defense, P.A., is a solo practitioner who practices primarily in the area of criminal law throughout Central Florida. She has been a member of the OCBA since 2011 and is a board member of the Criminal Law Committee of the OCBA.

Alena V. Baker, Esq.

CFAWL

Traci Deen, Kathleen Shea

Avita Samaroo, Kenway Wong, Kevin Fedotov, S. Joe Panyanouvong, Ole Olena, Christine Berk, Baolinh Than, Andrew Reath, Scott Newbern, Judge Vincent Chiu, Dario Zapata, Daniela Andrea, Yen Maaswinkel, Alicia Chiu, Julio Carrion, Greg Maaswinkel, Eric Bensen, Cynthia Winter, Cathleen Winter

Scott Newbern, Eric Bensen, Cynthia Winter, Greg Maaswinkel, Yen Maaswinkel, Baolinh Than, Alisha Cheung, Cathleen Winter, Kevin Fedotov, XiXi Li

Kenway Wong, Scott Leitner, Avita Samaroo, Christine Berk, Donna Hung, Cathleen Winter, Lisa Gong Guerrero, Andrew Reath, Cynthia Winter, Eric Bensen, Dr. Amy Cuccuro, Sona Samaroo

ANNOUNCEMENTS

NEW Category! Place advertising on new partnerships, employee promotions, and thank you listings to exemplary employees, assistants, paralegals, etc.

EMPLOYMENT

ATTORNEY WITH ZERO TO FIVE YEARS’ EXPERIENCE NEEDED IMMEDIATELY FOR BUSY WINTER GARDEN LAW

FIRM. Primary focus is commercial transactions, litigation and family law. Competitive salary and benefits. Must be a member of the Florida Bar and willing to work on site. Send resume, salary requirements and availability to rsikes@sikeslawgroup.com.

STATE ATTORNEY OFFICE (2) POSITIONS AVAILABLE :

HUMAN TRAFFICKING ASSISTANT STATE ATTORNEY

Job Description: The Special Victims Unit seeks an Assistant State Attorney (ASA) with significant felony trial experience to join the unit.

The Human Trafficking ASA position entails handling a vertical case load of felony cases and investigations involving prosecution of sex and labor trafficking offenses against children and adults, felony crimes patronizing of minors for prostitution, organized crimes involving commercial sexual exploitation, kidnappings, rape, and other violent crimes as they relate to human trafficking, as well as sex offender registration related litigation. The Unit’s caseload is comprised primarily of cases of notoriety or public interest.

Qualifications: An interested applicant must possess a J.D. degree, be an active member of the Florida State Bar in good standing and have at least 5 years of experience as a prosecutor. Applicants should also have: Experience working with victims of trauma, traumatic bonding,

and sexual assaults including children and adolescents // Substantial felony jury trial experience with cases involving trauma and/or sex crimes, in addition to other general violent felony jury trial experience // Training in trauma-informed interviewing techniques for victims of sexual assault and related crimes // Experience in investigations, including but not limited to, electronic surveillance, drafting search warrants, cell site orders and analyzing recovered electronic data

Salary: $73,000 (commensurate with experience) Nearest Major Market: Orlando

TRAFFIC HOMICIDE ASSISTANT STATE ATTORNEY – The State Attorney’s Office for the Ninth Judicial Circuit of Florida is responsible for the prosecution of all crimes committed in Orange and Osceola Counties. We are seeking Assistant State Attorneys with five years of experience that, share the office’s mission to keep people safe by prosecuting those who disrupt our community, and to ensure the pursuit of justice is done in a transparent, fair, and thoughtful way that maintains the trust of those we serve.

Job Description: The Traffic Homicide Unit handles charges that include DUI Manslaughter, Vehicular Homicide, LSOA with Death, and DWLS with Death. These cases are complex and require a working knowledge of accident reconstruction, toxicology, and automobile mechanics and technology. There is a great deal of interagency communication with various levels of law enforcement.

Qualifications: An interested applicant must possess a J.D. degree, be an active member of the Florida State Bar in good standing and have at least 5 years of experience as a prosecutor— and experience prosecuting traffic homicide cases.

Applicants should also have: Advanced diplomacy skills for managing police agency con-

tacts and social skills for managing victim families // Advanced trial skill // Advanced case analysis abilitiesAdvanced organizational practice and time management // Familiarity with toxicology / pharmacology // Familiarity with human pathology and medical record interpretation // Familiarity with automobile mechanics and technology // Familiarity with engineering and accident reconstruction // Willingness to go out to scenes and answer police phone calls

To Apply: Please send a cover letter, resume, and final law school transcript via e-mail to ASA-Recruiting@sao9.org. Please do not apply via People First.

If you are a retiree of the Florida Retirement System (FRS), please check with the FRS at 1-844377-1888 on how your current benefits may be affected if you are re-employed with the State of Florida. Your current retirement benefits may be canceled, suspended, or deemed ineligible depending upon the date of your retirement.

The State of Florida is an Equal Opportunity Employer/Affirmative Action Employer and does not tolerate discrimination or violence in the workplace.

Candidates requiring a reasonable accommodation, as defined by the Americans with Disabilities Act, must notify the agency hiring authority and/or People First Service Center (1-866-6634735). Notification to the hiring authority must be made in advance to allow sufficient time to provide the accommodation.

The State of Florida supports a Drug-Free workplace. All employees are subject to reasonable suspicion drug testing in accordance with Section 112.0455, F.S., Drug-Free Workplace Act.

Salary: $78,000 (commensurate with experience) Nearest Major Market: Orlando

DEFENSE ATTORNEY: Great opportunity for advancement for an attorney with excellent

writing skills. You will have the ability to participate in and manage a caseload to prepare for trial and also to use your research and writing skills to prepare for trial and also to use your research and writing skills to prepare briefs at the trial and appellate level. Interesting issues, fast-paced environment, excellent compensation, great people to work with. Send your resume ASAP to mheaberlin@ gobelflakes.com.

DOWNTOWN ORLANDO LAW OFFICE SEEKING A 5+ YEAR FULL-TIME LITIGATION PARALEGAL with experience in insurance defense and/or plaintiff’s personal injury litigation. Benefits and salary are based on experience. E-mail your resume to: dianna@vasko.net

DOWNTOWN ORLANDO LAW FIRM seeking a BI Insurance Defense trial paralegal. Starting salary of $95,000 annually with a $5,000 signing bonus. All applications will be kept confidential. Please send resumes to mheaberlin@gobelflakes.com

ESTABLISHED DOWNTOWN ORLANDO LAW FIRM IS SEEKING AN ATTORNEY WITH 5+ YEARS OF LITIGATION EXPERIENCE with the ability to manage a case load. Federal Court experience is a plus. Candidate must have strong research skills and be an excellent writer. Our compensation package will exceed expectations for the right candidate. Please send resume to mheaberlin@gobelflakes. com.

EXPERIENCED COMMERCIAL LITIGATION ATTORNEY wanted for established Orlando firm with 13 Central Florida offices. Seeking experienced Florida licensed attorney – Construction law experience a plus – Excellent analytical and writing ability a must. 4-8 years experience preferred. Outstanding opportunity to join growing law firm. Great team environment. Competitive salary and benefits. Email resume to mary@boginmunns.com.

ATTORNEY for plaintiff’s personal injury and first party insurance law firm located in Altamonte Springs. Growing dynamic law firm seeks attorney with minimum 2 years’ experience in the courtroom. Will be responsible for handling a caseload assigned by the firm, as well as developing their own clients. Attorney will be responsible for client sign-ups, initiating litigation, taking depositions, attending hearings, preparing for and presenting at mediation and trying cases. This is a unique opportunity to advance and grow a practice within a practice. Candidate must be a self-starter, motivated, enthusiastic, and creative. We like out-of-the-box thinking when approaching our cases. Salary has unlimited potential because the position is a combination of base pay plus a percentage of fees recovered. The firm offers health insurance, disability insurance, dental, optical and life insurance. 401(k) and profit sharing is also included. Candidate should submit a resume,

and cover letter to jbridges@ brehnelaw.com

FAST-PACED

INSURANCE DEFENSE FIRM LOCATED IN MAITLAND, FL is searching for a Legal Assistant. The firm handles first-party property/liability coverage issues. Insurance defense and strong litigation experience preferred. Experience with calendaring, scheduling of depositions, and court reporters as needed. and follow up as it relates to discovery matters Experience with E-Filing software and procedures. Familiarity and compliance with judicial orders Please send resumes: jmccallister@rocklawpa.com.

GROWING ORLANDO AV RATED CIVIL LITIGATION FIRM SEEKING TWO ATTORNEYS

one with 2-5 years experience and one with 5 to 10 years experience. Prior trial experience is a plus. Excellent salary and benefits. Please send resume in confidence to Gary@vasko.net.

INSURANCE DEFENSE FIRM handling first-party property/ liability coverage issues, PIP,

and contractual/tort litigation seeks attorneys for statewide practice. Insurance defense experience preferred. Email/Fax/ Mail resume to Office Manager jmccallister@rocklawpa.com , (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751.

PARALEGAL/ADMINISTRATIVE COORDINATOR – is the initial point of contact for our clients and is fundamental to estate planning, tax, and investment advisory services. Job functions include onboarding legal and investment clients, administration of legal projects and investment forms, maintaining our CRM, administration of tax software, accounting tasks, answering phones, mail, purchasing office supplies, bank deposits, and filing financial statements. This position requires a diverse skill set, comfort with a variety of software programs, problem-solving, professionalism, organization, and the ability to work with multiple managers. Must be interested in legal, finance, investments, accounting, and/or tax work. Con-

tact cmatthias@matthiaslaw. com with your resume.

FOR SALE OR RENT

2680 SF OFFICE SPACE AVAILABLE located on beautiful Lake Eola. Fully renovated suite with 5 private offices or conference rooms, 4 secretarial stations, located one block fro the Orange County Courthouse. Amenities include common breakroom and reception services. For further information, please call: (407) 843-2111 or email: Lskinner@fisherlawfirm.com

CLASS A OFFICE SPACE FOR RENT – located in the heart of downtown Orlando at the Plaza building. Furnished for attorneys and assistants. All office amenities included. Great views with balcony. Call 407-999-9955 or email inquiries to jsherris@ sherrislegal.com or receptionist@sherrislegal.com

SPACE FOR RENT – Colonialtown South, Orlando. Contact Aaron Swiren, 407-898-7303. Immediate availability.

OCBA January Luncheon

Speaker: Julie Miller Torres

JANUARY - FEBRUARY 2023

JANUARY

2

OFFICE CLOSED

3 Professionalism Committee Meeting

2:00 p.m. – 1:00 p.m. OCBA Center

5 Immigration Committee Meeting

12:00 p.m. – 1:00 p.m. Virtual

18 Elder Law Committee Meeting

12:00 p.m. – 1:00 p.m. Virtual Appellate Committee Meeting

12:00 p.m. – 1:00 p.m. OCBA Center

8

LAS Lunchtime Training

Ethics Tips and Trends

12:00 p.m. – 1:30 p.m. Virtual Only

11 Lawyers Literary Society Committee Meeting

John Fowles, The Collector

12:00 p.m. – 1:00 p.m. Virtual

12 Criminal Law Committee Meeting

12:00 p.m. – 1:00 p.m. OCBA Center

Social Security Committee Seminar

12:00 p.m. – 1:00 p.m. Virtual Judicial Relations Committee Meeting

12:15 p.m. – 1:15 p.m. Judicial Conference Room (23rd Floor) with virtual option

Health & Wellness and Technology Committee Seminar Wellness, Nutrition, and Technology for Busy Professionals

3:00 p.m. – 5:30 p.m. OCBA Center

13 YLS Luncheon

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12:00 p.m. – 1:00 p.m. Citrus Club

Solo & Small Firm Committee Seminar

Setting Goals and Managing Your Focus

Sponsord by C. Todd Smith Law

12:00 p.m. – 1:00 p.m. OCBA Center

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ADR Committee Meeting

12:00 p.m. – 1:00 p.m. OCBA Center

YLS Board Meeting

12:00 p.m. – 1:00 p.m. OCBA Center

Civil Rights Committee Meeting 6:00 p.m. – 7:00 p.m. Virtual

20 YLS Golf Tournament

8:00 a.m. – 2:00 p.m. Omni Orlando Resort at Champions Gate

Family Law Committee Seminar

Meet Judge Michael Deen Sponsored by Family Law Software, Kimsurance, Pozek Group, Soberlink, and LEAP

12:00 p.m. – 1:00 p.m. Live Zoom Webinar

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LAS Lunchtime Training

GAL 101

12:00 p.m. – 1:30 p.m. Virtual Only 25 Health & Wellness Committee Meeting 12:00 p.m. – 1:00 p.m. Virtual 26 OCBA Luncheon

Speaker: Julie Miller Torres

Title Sponsor: Withum+ 11:30 a.m. – 1:00 p.m. Embassy Suites Downtown Orlando

FEBRUARY

2

7

Thursday, January 26, 2023 11:30 a.m. – 1:00 p.m. Embassy Suites by Hilton Downtown Orlando 191 E. Pine Street, Orlando 32801 RSVP by January 23 // orangecountybar.org/store

Immigration Committee Meeting

12:00 p.m. – 1:00 p.m. Virtual

Professionalism Committee Meeting 12:00 p.m. – 1:00 p.m. Virtual

LAS Lunchtime Training

Parenting Apps & Other Social Media Evidence 12:00 p.m. – 1:30 p.m. Virtual Only

8 Lawyers Literary Society Committee Meeting

Louis L’Amour, Hondo

12:00 p.m. – 1:00 p.m. Virtual

9 Criminal Law Committee Meeting

12:00 p.m. – 1:00 p.m. OCBA Center Social Security Committee Seminar 12:00 p.m. – 1:00 p.m. Virtual

15 ADR Committee Meeting 12:00 p.m. – 1:00 p.m. OCBA Center Civil Rights Committee Meeting 6:00 p.m. – 7:00 p.m. Virtual

17 YLS Luncheon

12:00 p.m. – 1:00 p.m. Citrus Club

20 Labor and Employment Committee Meeting

12:00 p.m. – 1:00 p.m. Virtual

21 Solo & Small Firm Committee Meeting

Working onWellness while Working on Briefs – A Wellness Guide for Attorneys

Sponsored by iWorkspace 12:00 p.m. – 1:00 p.m. OCBA Center

LAS Lunchtime Training

All Hands On Deck

12:00 p.m. – 1:30 p.m. Virtual and In-Person

23 OCBA Luncheon

Speaker: President Deborah Enix-Ross of American Bar Association

Title Sponsor: FLMIC 11:30 a.m. – 1:00 p.m. Embassy Suites Downtown Orlando

20

OCBA 2023 Gala & Installation Ceremony 7:00 p.m. – 10:00 p.m. Winter Park Racquet Club

28 Diversity Inclusion Committee Meeting

5:00 p.m. – 6:00 p.m. Virtual

Please note that live OCBA and Legal Aid seminars and events may be offered virtually, prerecorded, postponed, or cancelled. Please follow the most current news in the OCBA’s weekly newsletter eblast and on the OCBA and LAS websites and social media.

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Diversity Inclusion Committee Meeting

5:00 p.m. – 6:00 p.m. Virtual